what’s happening with auckland’s unitary plan? tidbits...

www.adls.org.nzISSUE 26 7 AUGUST 2015

LAWNEWS

THIS ISSUE:

What’s happening with Auckland’s Unitary Plan?Mental health and fertility treatment

Tidbits from ADLSI’s annual Immigration and Refugee Law dinner

SPECIAL ISSUE TECHNOLOGY & LAWComing up in Law News Issue 27 ...

Two new District Court judges were sworn in last week at the Manukau District Court – her Honour Judge Kim Saunders (on Thursday 30 July) and her Honour Judge Dianne Partridge (on Friday 31 July). ADLSI President Brian Keene QC was among the speakers at Judge Saunders’ ceremony, while ADLSI

Vice-President Joanna Pidgeon spoke at the ceremony of Judge Partridge, a past member of ADLSI. Both occasions were marked by smiles as the new judges took their oaths before courtrooms filled with well-wishers. Pictured above: Judge Partridge, on the bench with her Honour Chief District Court Judge Doogue and his Honour

Principal Family Court Judge Ryan. Below left: Judge Partridge arrives at Court; and below right: Chief Judge Doogue administers the judicial oath to Judge Saunders.

ISSUE 26, 7 AUGUST 2015

Editor: Lisa Clark

Publisher: Auckland District Law Society Inc.

Editorial and contributor enquiries: Lisa Clark, phone (09) 303 5270 or email [email protected]

Advertising enquiries: Chris Merlini, phone 021 371 302 or email [email protected]

All mail for the editorial department to: Auckland District Law Society Inc., Level 4, Chancery Chambers, 2 Chancery Street, Auckland 1010. PO Box 58, Shortland Street, DX CP24001, Auckland 1140. www.adls.org.nz

Law News is published weekly (with the exception of a small period over the Christmas holiday break) and is available free of charge to members of ADLSI, and

available by subscription to non-members for $130 plus GST per year. If you wish to subscribe please email [email protected]

©COPYRIGHT. Material from this newsletter must not be reproduced in whole or part without permission. Law News is published by Auckland District Law Society Inc., 2 Chancery Street, Auckland.

LAW NEWS is an official publication of Auckland District Law Society Inc. (ADLSI).

ADLSI’s Property Law Committee wishes to draw readers’ attention to the following advisory from LINZ regarding using New Zealand driver licences as proof of identity for e-dealing.

“It’s essential to show that the client photo ID you use to verify identity for e-dealing is current and not expired. For NZ driver licences this will now mean copying both sides.

+ News from LINZ

Using the new NZ driver licence for e-dealing proof of identity

“The NZ Transport Agency has recently changed the format for licences so that expiry dates are on the reverse side of all newly issued licences. We’ll need to see a copy of this side as well as the front so we can be certain that the licence is current.

“We understand you may have already used a newly issued licence for client identification without copying the reverse side. In these cases, you will not need to get a copy of the date and it will not trigger any compliance issues if the transaction is reviewed by LINZ – the new

format means it will be clear to us that the licence has been recently issued and was therefore current at the time it was relied upon for identity verification. However, please do ensure you take a copy of both sides for any future transactions.”

Note: The Property Law Committee is also writing to the NZTA to suggest reinstating the expiry date back on the front of the licence when they are next re-designed. LN

The Independent Hearings Panel which is hearing submissions on the Proposed Auckland Unitary Plan has issued an updated provisional hearings schedule setting out the dates for pre-hearing meetings, mediations and hearings until the end of April 2016.

The Schedule can be found on the Panel’s website, www.aupihp.govt.nz under the “Hearings” tab.

The Schedule sets out the Panel’s intended programme for hearing submissions on the Rural-Urban Boundary (RUB), which replaces the present Metropolitan Urban Limits in the Auckland Regional Policy Statement, and on the provisions for zones, rezoning requests and precincts.

This includes site-specific appeals by submitters who seek that their property be relocated to one side or another of the RUB, or that it be re-zoned, and/or included in (or excluded from), a particular precinct.

Mediation on re-zoning and precincts will take place in December 2015.

The hearings on the RUB will take place from 12 January to 29 January 2016, with those on re-zoning and precincts taking place from 15 February to 29 April 2016.

These hearings will be of particular importance

to landowners who have made submissions about the zoning of their individual properties.

The Panel will be holding a pre-hearing meeting on 1 October 2015 to make arrangements for these hearings.

Practitioners who have clients who have made submissions on these topics may wish to attend the pre-hearing meeting (or check the Panel’s website) to see when their particular submissions will be heard.

The Panel has also issued further interim guidance on several more topics on which the hearings have concluded.

This interim guidance does not constitute a recommendation within the meaning of the Local Government (Auckland Transitional Provisions) Act 2010.

It is not binding on submitters, the Council or the Panel, nor does it give rise to rights of appeal.

The further topics on which the Panel has issued interim guidance are: • General Structure of the Regional Policy

Statement;• Natural Hazards and Flooding;• Special Character and the pre-1944

Overlay; and

• Viewshafts.

The interim guidance statements issued so far can be viewed on the Panel’s website under the “Home” tab.

The Panel’s website also contains information about the hearings process, including key dates for mediation, evidence exchange and hearings for each topic yet to be heard.

In addition, the Panel’s website provides access to copies of all statements of evidence and legal submissions for those topics which have been heard or which have been provided for upcoming hearings.

Practitioners acting for submitters should visit the website regularly to check the most recent information for each topic in which they are involved.

The Panel anticipates that this most recent schedule will enable it to provide its recommendations report to Council by 22 July 2016.

The Council then has 20 working days in which to decide whether to accept or reject each of the Panel’s recommendations.

Submitters will have limited rights of appeal against the Council’s decisions.

+ Update from ADLSI’s Environment & Resource Management Law Committee

Proposed Auckland Unitary Plan – an update

LN


+ Human rights

Discrimination and IVF treatmentPrepared by the New Zealand Centre for Human Rights Law, Policy and Practice

In CBA v LKJ Ltd [2014] NZHRRT 13, a fertility clinic declined in vitro fertilisation treatment to a 45 year-old single woman on grounds that included her mental health.

She claimed discrimination on the grounds of disability (mental health). The doctors claimed it was in her and the hypothetical future child’s best interests.

The case was brought under section 44 of the Human Rights Act 1993 which provides:

44 Provision of goods and services

(1) It shall be unlawful for any person who supplies goods, facilities, or services to the public or to any section of the public—

(a) to refuse or fail on demand to provide any other person with those goods, facilities, or services; or

(b) to treat any other person less favourably in connection with the provision of those goods, facilities, or services than would otherwise be the case,—

by reason of any of the prohibited grounds of discrimination.

The defence was that the decision was a legitimate clinical judgement – that the treatment was not in the best interests of either the plaintiff or any future child. A significant risk of harm to the plaintiff outweighed the small prospect of the treatment resulting in an ongoing pregnancy. They relied upon section 21B(1) of the Human Rights Act, which says:

“To avoid doubt, an act or omission of any person or body is not unlawful under this Part if that act or omission is authorised or required by an enactment or otherwise by law.”

An important question became “what is that enactment or law, in the circumstances of this case?”

The Tribunal accepted that the plaintiff ’s mental disability was a material factor in the clinic’s decision. At the time of the impugned decision, the clinical team had not yet seen the plaintiff ’s psychiatric report, but they clearly suspected a psychiatric illness or psychological impairment of some kind.

The key question was whether the clinicians’ decision was made “by reason of” her mental health.

In Air NZ Ltd v McAlister [2010] 1 NZLR 153, the Supreme Court examined the nearly identical phrase in section 104(1) of the Employment Relations Act 2000. Elias CJ, Blanchard J and Tipping J held that it required the relevant ground of discrimination to be a “material factor” or “ingredient” in the decision. McGrath J said a “causative relationship” was necessary between the prohibited ground and the action complained of. Though a subjective test, its outcome can usually be inferred from the circumstances of the case.

its problems, the Tribunal nonetheless adopted it in this case. This means the comparator was a female patient not 45 years or older, not single and most importantly not unable to cope with the treatment, pregnancy and parenting.

The Tribunal reasoned that the plaintiff was not treated “less favourably” than others by reason of her mental disability. All women were offered treatment on the same terms. That some fail this test where others succeed is not discriminatory if prospective patients are all assessed against the same criteria.

For this reason, the Tribunal found that the plaintiff failed under subsection (1)(b).

Turning to subsection (1)(a), it is absolute and not comparative so the “same criteria defence” will not work. Still, the Tribunal concluded that taking into account the plaintiff ’s mental disability was “authorised or required” under section 21B(1).

The Tribunal considered that the clinicians made the appropriate and correct judgement. More importantly, they were exercising powers under a raft of enactments such as the Health and Disabilities Services (Safety) Act 2001, NZA8181 Fertility Services and the Code of Health and Disability Services Consumers’ Rights.

Additionally, section 21B(1) is engaged by general common law duties to perform their professional duties to the standard of reasonable care and skill.

Therefore, even though section 44(1)(a) was engaged by the clinicians decision, section 21B(1) offered a defence. And, in case they were wrong regarding subsection (1)(b), the Tribunal held the same defence would apply here also.

This case summary was prepared by the New Zealand Centre for Human Rights Law, Policy and Practice at the Faculty of Law, Auckland University, and is reproduced here with permission. LN

The Tribunal reasoned that the plaintiff was not treated “less favourably” than others by reason of her mental disability. All women were offered treatment on the same terms. That some fail this test where others succeed is not discriminatory if prospective patients are all assessed against the same criteria.

In this case, the outcome was clear. The plaintiff ’s mental health was not the only factor considered, but it was certainly a material factor in the decision. The Tribunal noted that this finding alone did not mean that the decision was discriminatory.

In turning to section 44(1)(b), the Tribunal distinguished between prohibitions on discriminations that require a comparator and those that do not.

In McAlister, Tipping J used the language of “absolute prohibitions” and “comparative prohibitions”. In this case, the phrase “less favourably” in section 44(1)(b) clearly implied a comparison – subsection (a), however, is an absolute prohibition and does not.

The Tribunal then discussed the identity of the comparator. Tipping J (in McAlister) said the most appropriate comparator was a person in exactly the same situation as the complainant, except for the feature complained about. Admitting this “mirror” comparison had


By Simon Laurent, Principal of Laurent Law and Convenor of ADLSI’s Immigration and Refugee Law Committee

The ADLSI Immigration and Refugee Committee continued its long tradition of hosting the Minister of Immigration at its annual dinner, held at the Northern Club on Monday 27 July 2015.

Over 50 practitioners and licensed advisers made for a full house, including distinguished guests June Ranson (Chair of the NZ Association for Migration & Investment) and Martin Treadwell (Deputy Chair of the Immigration & Protection Tribunal).

The occasion was timely. In his address, the Hon Michael Woodhouse elaborated upon the Prime Minister’s announcement the preceding weekend of a set of policy changes intended to encourage migration by

+ ADLSI event review

Immigration and Refugee Law dinner, 27 July 2015skilled workers and businesspeople to the regions. He pre-empted the suggestion that this was a reaction to the recent debate about over-inflated Auckland house prices, asserting that such adjustments move slowly and were in train well before the current media furore.

Mr Woodhouse was generous with his time to take questions and to chat with guests after dinner. Perhaps understandably, he would not be drawn upon a query from the floor about increasing the quota of mandated refugees, which comes up for review in 2016. The quota has remained at 750 per annum for some 20 years.

As with such events, there was much value in meeting colleagues over wine and good food. The dinner affirmed, as has an increased focus on migration issues in the media, that the immigration field remains a dynamic and challenging area of law.

Ping Chen, Ikipa Tongatule and Annette Woodroffe

Richard Pidgeon, Danyon Chong, Inga Frengley and Anna Hood

Lauren Deslandes, Simon Laurent, the Rt Hon Michael Woodhouse, June Ranson and Martin Treadwell

Peter Moses, Dilki Tennakoon Rajapakse, Michael Kim and James Turner

Fershen Llanes, Carole Curtis and Ioana Uca

Clare Watkins, Mark Manhire and Roger Chambers

LN


The University of Waikato is conducting its biennial survey of New Zealand law practices – the 2015 Law Firm Practice Comparison.

The survey, which has been running for over 25 years, generates a wealth of financial and practice management information that enables firms to compare their performance

+ Legal practice

Law firm surveyand management practices with other firms, including the top performing practices with similar structure/turnover/location.

Over 100 ratios are reported to provide a breadth of benchmarking information. The results yield valuable information on personnel structure and hourly rates, time and billing, source of fees, expense breakdowns, as well as information on

marketing, practice policies/structure and profit sharing.

For more information, including how to register for the survey, please go to www.management.ac.nz/lawfirmcomparison or contact the Management Research Centre, [email protected], 0800 14 24 34. LN

By Dr Arie Rosen, University of Auckland Faculty of Law

Over the last decade, comparativism has become one of the main modes of engaging with public law theory. Comparative efforts today promise not only to reveal how systems can be different from each other, but also tell us something new about our own system and why it works the way it does.

Professor Peter Cane (Australian National University) does pioneering work in the emerging field of comparative administrative law. In his talk on 21 July 2015, co-hosted by the University of Auckland School of Law and the New Zealand Society for Legal and Social Philosophy, Professor Cane presented his recent work and gave a glimpse of his forthcoming book on mechanisms for controlling administrative power. In this research, Professor Cane draws on a comparison between England, the United States and Australia to offer a new theoretical framework for understanding the relations between substantive administrative law and institutional structure.

Professor Cane’s research sets out to explain existing differences between administrative law regimes in terms of the differences in the governmental structure. His starting point is a distinction between two models of structuring government and distributing governmental power. The first is a model of ‘diffusion’. In this model – characteristic of the federal system in the United States – power is shared between institutions in a way that requires different

+ New Zealand Society for Legal and Social Philosophy

The underlying logic of administrative lawinstitutions to work together in order to exercise any single power. This model is contrasted with a “concentration” model, in which institutions exercise powers unilaterally without a need for inter-institutional consent or cooperation. When this is the case – as it is, characteristically, in England – different unique powers can be seen as concentrated in different parts of the system.

Professor Cane’s claim is that the two models for distributing governmental power explain the emergence of different control regimes designed to control the exercise of administrative power. The “diffusion” model is tied to a “checks-and-balances” regime. This regime is characterised by a horizontal relationship between different institutions that “check” each other in the sense that any exercise of governmental power requires the consent or cooperation of more than one institution. Administrative power is thus controlled ex ante, as any use of power requires an often elaborate and cumbersome inter-institutional coordination. The “concentration” model, on the other hand, gives rise to a different control regime of “accountability”. Here, institutions do not need to cooperate in order to exercise their powers but rather are accountable to other institutions ex post facto. The power to hold another institution to account creates a vertical relationship between institutions and a ‘hierarchy of accountability’ within the state.

Professor Cane argues that his theory can explain differences in substantive rules of public law between jurisdictions. One example concerns rules of statutory interpretation and the doctrine

of deference by the judiciary to the interpretation of administrative agencies. According to his theory, the US, which is prone to the diffusion and sharing of powers, is more hospitable to judicial deference and the “sharing” of interpretive power between the judiciary and administrative agencies. In England and Australia, on the other hand, interpretive power is concentrated in the judiciary in a way that makes it resistant to Chevron-like doctrines of deference.

In a lively Q&A session that followed the presentation, participants challenged the general applicability of Professor Cane’s theory. Counter- examples were given from other jurisdictions, in which, contrary to his suggestion, there is no correlation between the substantive rules of statutory interpretation and the structural composition of the legal system. Questions were also raised regarding complex systems that seem to defy a single logic of either diffusion or concentration in the allocation of governmental power. More generally, concerns were raised regarding the notion that substantive legal rules track institutional structures in the way Professor Cane suggests, and are in a sense predetermined by these structures. Notwithstanding these concerns, it was clear that Professor Cane’s forthcoming book is going to offer an innovative framework for understanding administrative law regimes and is bound to constitute a new point of reference in the field.

The New Zealand Society for Legal and Social Philosophy hosts regular meetings – for details of its activities, please visit http://nzlsp.wordpress.com/.

+ ADLSI Council

Contact details for ADLSI CouncilHere are the contact details for your ADLSI Council. They welcome your queries and suggestions.Brian Keene QC (President) Ph. 09 366 0306 E. [email protected] Pidgeon (Vice-President) Ph. 09 337 0826 E. [email protected] Brandts-Giesen Ph. 03 313 4010 E. [email protected]

Vikki Brannagan E. [email protected] Hagen Ph. 09 309 1689 or 021 452 326 E. [email protected] Nicolson E. [email protected]

David Roughan Ph. 09 435 2261 E. [email protected] Anne Shanahan Ph. 09 827 6106 or 09 827 2783 E. [email protected] Spring Ph. 09 486 1609 E. [email protected]

LN


Practitioners from across West Auckland converged on The Falls Restaurant in Henderson on Tuesday 28 July 2015 for the ADLSI West Auckland Lawyers’ Lunch.

Guests enjoyed an afternoon of mingling and networking with fellow West

+ ADLSI event report

West Auckland Lawyers’ Lunch

Fiona Mathieson and Fiona Taylor

Lucas Burn, Jeff Williamson, Bernie Allen and Karen Ivankovic

David Jury, Ray Ganda and Mark Henley-Smith

Sacha Jugum, Judy Ting and Odette Pepers

West Auckland lawyers enjoying the event at The Falls in Henderson

LN

Wendy Alexander, Carmen Franich, Jennifer Edwards and Ellen Harbidge

Auckland practitioners and listened to short presentations from ADLSI and from Jeff Williamson of Mainprice King.

Some photos from the afternoon follow. Thank you to Mainprice King for sponsoring this event.


Following on from the successful ADLSI Lawyers’ Lunch series which has been held in various Auckland suburbs over the past year, ADLSI is launching a new Lawyers’ Lunch in Ponsonby for Central Auckland practitioners.

The Lawyers’ Lunch series offers lawyers the opportunity to meet and network with fellow practitioners in their local area.

The Central Auckland Lawyers’ Lunch is coming up in Ponsonby on Tuesday 18 August 2015 at The Cav on College Hill.

Practitioners from across Central Auckland are invited to join us for a relaxed lunch and enjoy a short presentation by ADLSI and Lawyers’ Lunch sponsor Mainprice King.

The lunch will be $24.95 (incl. GST) from a set menu, and we are pleased to offer ADLSI

+ ADLSI event

Central Auckland Lawyers’ Lunch, 18 August 2015

members an exclusive Lawyers’ Lunch rate of $14.95 (incl. GST).

Numbers are limited, so register now to avoid missing out.

Date & time: Tuesday 18 August 2015, 12.30 – 2.30pm

Venue: The Cav, 68 College Hill, Ponsonby

Registration: $13.00 + GST ($14.95 incl. GST) per person for ADLSI members;

$21.70 + GST ($24.95 incl. GST) per person for non-members.

Register before Wednesday 12 August 2015 to secure your spot, subject to availability. Visit www.adls.org.nz to register and pay online; alternatively, contact [email protected] or 09 303 5287.

ADLSI’s standard cancellation policy applies for this event.

ADLSI Central Auckland Lawyers’ Lunch is sponsored by Mainprice King.

Author: D W McMorland

Pages: 245

This is the authoritative work covering the law relating to these specific, yet related, areas of law.

This brand new third edition brings readers of the text up to date by taking account of the gradual accumulation of further judgments on specific topics that have refined or advanced understanding of the subject.

+ New book

McMorland on Easements, Covenants and Licences, 3rd Edition

Price: $165.22 plus GST ($190.00 incl. GST)*

Price for ADLSI Members: $148.70 plus GST ($171.00 incl. GST)*

(* + Postage and packaging)

To purchase this book, please visit www.adls.org.nz/adlsi-store or contact the ADLSI bookstore by phone: 09 306 5740, fax: 09 306 5741 or email: [email protected].

The search is underway for an Approved Agency where victims of cyberbullying can turn to for help, Justice Minister Amy Adams has recently announced.

The Agency will be required to work with victims and the offending party to resolve complaints about cyberbullying in a quick and efficient way. This is a core part of the Harmful Digital Communications Act, which passed through Parliament last month.

“The agency will help victims of harassment or cyberbullying to resolve complaints as quickly and painlessly as possible. It will work with parties to help get objectionable content off the internet and provide advice on other possible remedies,” Ms Adams says.

The Approved Agency would also have a role reducing harassment or bullying by advising on policies and educating people in appropriate online behaviour.

“The establishment of an agency to consider complaints about harmful digital communications will set a new benchmark for curbing online harassment and intimidation that cause serious emotional distress,” Ms Adams says.

People or organisations interested in becoming the Approved Agency should register their interest online: www.gets.govt.nz/ExternalIndex.htm.

+ Harmful digital communications

Agency sought to help reduce cyberbullying

LN


Selected CPD CPDTo view all ADLSI CPD & register: www.adls.org.nz/cpdEmail us: [email protected] Phone us: 09 303 5278

Featured CPD

Wednesday 19 August 2015 12pm – 1pm

1 CPD HOUR

Independent Trustees: Avoiding the Perils of Personal LiabilityThe role of the independent trustee appears to be increasingly onerous. The consequences of even minor oversights are often severe and can cost a trustee dearly, both financially and professionally. Understanding the duties and obligations associated with being a trustee, and how best to ensure compliance with those duties and obligations, is crucial for lawyers acting as trustees and advising clients taking on the role of trustee.

Learning Outcomes• Develop a better understanding of a trustee’s duties and the possible consequences of a breach of these duties.

• Learn more about how to educate clients about the duties and obligations of being a trustee.

• Understand better the limitation of indemnities as well as how trustees may become liable to the IRD and other third parties.

• Gain further practical tips on best practice and how to avoid potential problems.

Who should attend?All lawyers who act as independent trustees and all practitioners who advise trustees on their duties and obligations.

Presenter: Tammy McLeod, Director, Davenports Harbour Lawyers

7. 10 hour 8. On demands6. Webcast5. Forum

1. Seminar 2. Webinar 3. Workshop 4. Conference

Intensive

Thursday 20 August 2015 12pm – 1pm

1 CPD HOUR

Equity Crowdfunding 101: Innovative Capital-Raising for your Client Now a key equity funding option for Kiwi businesses, lawyers need to be aware of what equity crowdfunding is, how it works, the risks and the business profile for which this opportunity is most suited. Given the extraordinary level of growth in funding through this channel in New Zealand, becoming updated in this area is something which should not be delayed.

Learning Outcomes• Understand the legal context for equity crowdfunding, including the relatively low level of regulation and scrutiny involved.

• Become aware of the role of the platform provider and the limited parameters of its obligations.

• Understand when equity crowdfunding may be a suitable option for your client (either as a funder or investor).

• Gain insight into the distinction between debt, reward and equity crowdfunding.

Who should attend?Commercial lawyers and general practitioners with SME, entrepreneurial and/or start-up business clients.

Presenters: Hayley Buckley, Partner, Wynn Williams; Josh Daniell, Co-Founder/Head of Platform, Snowball Effect

Wednesday 12 August 2015 12pm – 1pm

1 CPD HOUR

Hot Topics in Commercial Leasing: Green Leases and Rent GuaranteesThe emphasis on sustainability has seen a rise in the use of green leases. Advising clients on the specific requirements of such leases, including how operating expenses are dealt with, is an important aspect of a commercial property lawyer’s practice. So too is the way rent guarantees have evolved recently with consequences for landlords and tenants. This webinar will look at both developments and provide insights into the particular opportunities and problems they present.

Learning Outcomes• Better understand the nature and form of green leases from the landlord’s and tenant’s perspectives, some of the issues that can arise during negotiation and methods of setting initiatives, benchmarks, targets, measurements and reporting structures.

• Learn more about how operating expenses for green leases impact on the relationship between landlord and tenant and how this relationship differs from other commercial leases.

• Gain insights into the way rent bonds and guarantees are now being dealt with and the advantages (and potential disadvantages) of the new approach for landlords and tenants.

Who should attend? All lawyers and legal executives practising in the area of property law.Presenters: Nick Wilson, Partner, Burton & Co; Emma Tonkin, Senior Associate, Kensington Swan

Saturday 19 September 2015 9am – 5:30pm

Auckland CBD venue to be confirmed

7.25 CPD HOURS

Running an Effective Judge-Alone TrialJudge-alone trials are the norm for criminal matters in the District Court. But just how well do lawyers do when acting as advocates in this forum and how could they be more effective? During this intensive day, attendees will receive guidance on judge-alone trial advocacy skills through presentations, demonstrations and commentary.

Learning outcomesLearn how to plan and run a Judge-alone trial, including taking instructions, keeping a trial file and developing the theory of the case; how to deal with pre-trial applications; about how processes work from the Police prosecutor’s perspective and how to be effective in your dealings with them; how to deal with Judges and Legal Services; to whom to turn for help and support; techniques to structure effective witness examination and cross-examination; how to produce and deal with exhibits properly; how to make and respond to objections; and how to recognise and manage some common ethical problems.

Who should attend?Defence counsel who conduct Judge-alone trials who wish to upskill or receive a refresher. The Secretary for Justice will take into account completion of the intensive when assessing an application for Criminal Provider Approval at any level.

Presenters: Marie Dyhrberg QC; Simon Lance; Mark Edgar; Belinda Sellars; Aieyah Shendi; Sergeant Ian McMeekingChair: His Honour Judge Collins



Webinar



Webinar



Webinar


Selected CPD CPDTo view all ADLSI CPD & register: www.adls.org.nz/cpdEmail us: [email protected] Phone us: 09 303 5278

Featured CPD

CPD in Brief

The Nuts and Bolts of Selling and Purchasing a Business Tuesday 25 August 2015 | 4 – 6:15pmFor many lawyers, overseeing the sale and purchase of a business is a common occurrence. This interactive seminar will cover the legal, accounting and financial aspects of this type of transaction.

Presenters: Jeffrey Lai, Partner, Anderson Creagh Lai; Jai Basrur, Director, CGB Consulting Limited; Colin De Freyne, Principal, De Freyne & Associates Ltd Chair: Geoff Hardy, Principal, Madison Hardy

A Capital Idea – Getting to Grips with the New Residential Land Tax Rules Tuesday 1 September | 12 – 1pm Taxing financial gains on the sale of property has received much public attention of late – especially in light of a heated property market in areas such as Christchurch and Auckland.

Presenter: Denham Martin, Barrister

The Devil You Know: Gathering & Providing Information in Relationship Property Cases Thursday 3 September 2015 | 4 – 6.15pmKnowing how to obtain information about the nature, value and status of assets and liabilities is fundamental to the division of relationship property. There are many ways to extract information, requiring different strategies, from which different implications arise. At the same time, a lawyer must meet discovery and disclosure obligations.

Presenters: Jane Hunter, Barrister, Southern Cross Chambers; Mark Vickerman, Barrister, O’Connell Chambers Chair: His Honour Judge L Ryan; Facilitator: Stuart Cummings, Barrister, Surrey Chambers

Preserving Assets: A Litigator’s Armoury for Interim Relief Thursday 10 September | 4 – 6.15pmPreserving assets may mean the difference between a Pyrrhic victory and one for which the client will thank you. Litigators have several weapons to achieve this objective: an array of orders (e.g. search, freezing, pre-trial charging), in addition to the Court’s jurisdiction to appoint receivers.

Presenters: Seb Bisley, Partner, Buddle Findlay; James Nolen, Partner, Lowndes

CPD On Demand

Rural Property Transactions: The Do’s and Don’ts of Due Diligence – 1 CPD HOUR In the context of rural property transactions, due diligence commonly involves an elevated level of complexity combining as it does considerations about large areas of land and their associated commercial value. It is critical to get it right. This On Demand webinar provides clear guidance and useful advice to lawyers practising in the area of rural property transactions on what to look out for and potential problems that can arise when undertaking due diligence. Presenter: Tim Black, Partner, Anderson Lloyd

Research Skills for Lawyers II: Best sources of free legal information – Techniques and Tips for Using Them – 1 CPD HOUR The second webinar in our ‘Research Skills for Lawyers’ series will arm you with resources and disciplines to help you get the most out of the best free resources.Presenters: Therese Duffin, National Information Services Manager and Amanda Wall, Research and Information Librarian, Bell Gully

Working through Changes to the Employment Relations Act – 1 CPD HOUR Long-anticipated changes to New Zealand’s key piece of employment law legislation took effect on 6 March 2015. They relate to good faith, collective bargaining, flexible working arrangements, continuity of employment for specified employees, rest breaks and meal breaks, and the Employment Relations Authority.Presenters: Kate Ashcroft, Senior Associate, Buddle Findlay; Helen White, Barrister Chair: Mark Donovan, Barrister

CPD Pricing

Delivery Method Member Pricing Non-Member Pricing

Webinar $75.00 + GST (= $86.25 incl. GST) $95.00 + GST (= $109.25 incl. GST)

Seminar (in person) $125.00 + GST (= $143.75 incl. GST) $180.00 + GST (= $207.00 incl. GST)

Seminar (live stream) $125.00 + GST (= $143.75 incl. GST) $180.00 + GST (= $207.00 incl. GST)

On Demand (1-hour recording) $85.00 + GST (= $97.75 incl. GST) $110.00 + GST (= $126.50 incl. GST)

On Demand (2-hour recording) $95.00 + GST (= $109.25 incl. GST) $130.00 + GST (= $149.50 incl. GST)

For group bookings for webinars & CPD On Demand, see the ADLSI website at: www.adls.org.nz/cpd/help-and-faqs/group-bookings/.











On Demand



On Demand



Webinar



Seminar



Live stream



Seminar



Live stream



On Demand



Seminar



Live stream

Missed the seminar? Catch up via the paper.To purchase, and to find more information, visit www.adls.org.nz/adlsi-store


On Tuesday 21 July 2015, Attorney-General the Hon Christopher Finlayson QC launched the 5th edition of Burrows and Carter: Statute Law in New Zealand by Ross Carter at Parliament.

Other speakers were Fiona Leonard (Deputy Chief Parliamentary Counsel and the evening’s MC), John van Rooyen (LexisNexis Head of Solution Development), Emeritus Professor John Burrows ONZM QC (author of the book’s first three editions and joint author of the fourth) and

+ Book launch

Burrows and Carter: Statute Law in New Zealand

LN

Emeritus Professor John Burrows ONZM QC Parliamentary Counsel and author Ross Carter

The new edition of Burrows and Carter discusses the Treaty of Waitangi, the New Zealand Bill of Rights Act 1990 and recent developments in New Zealand statute and case law, as well as procedures for enactment of legislation in our modern MMP parliament and the progress of new styles of drafting.

Price: $104.34 plus GST ($120.00 incl. GST)*

Price for ADLSI Members: $93.91 plus GST ($108.00 incl. GST)*

(* + Postage and packaging)

To purchase this book please visit www.adls.org.nz or contact the ADLSI bookstore by phone: 09 306 5740, fax: 09 306 5741 or email: [email protected].

Appointment at Morrison Kent

Donald Bennett has recently joined Morrison Kent’s property team as a consultant.

In this capacity, he brings the benefit of over 30 years’ experience in residential property, asset protection planning, wills and estates.

Mr Bennett’s depth of knowledge in this area strengthens Morrison Kent’s commitment to quality mentoring of its staff and service to its clients.

Meredith Connell announces new partner

Meredith Connell is very pleased to welcome Leo Farmer as the firm’s newest partner.

Mr Farmer started with Meredith Connell as a graduate in 2006. He now leads the firm’s work for the Commerce Commission in its investigation into banks for breaches of the Fair Trading Act.

He specialises in commercial litigation, competition and estates law and has an LLM from the London School of Economics, in competition law.

+ Appointments

Recent appointments in the legal profession

Donald Bennett

LN

Parliamentary Counsel Ross Carter (joint author of the fourth edition and author of the fifth).

Burrows and Carter: Statute Law in New Zealand – considered an essential reference text by the Attorney-General – is a guide to statutory interpretation that has been updated to include analysis of cases, changes introduced by the Legislation Act 2012, and new parliamentary and drafting practices from the seven years since the last edition.

Leo Farmer

Mr Farmer’s appointment brings Meredith Connell to 27 partners and 112 lawyers across its Auckland and Wellington offices.

Appointment of Auckland Coroner

Auckland barrister Debra Bell has been appointed a coroner in Auckland.

She fills the vacancy created when Judge Deborah Marshall was appointed Chief Coroner earlier this year.

Ms Bell joins four other coroners serving Auckland, Henderson, Manukau, Papakura, Pukekohe and Takapuna, and was sworn in on 6 August 2015.

Ms Bell has been in practice as a barrister sole since 2013. She was previously a partner at Meredith Connell for eight years and before that worked as a legal executive for that firm for 12 years. Earlier in her career, she was a Deputy Registrar at Henderson District Court.


FIND OUT HOW ADLSI MEMBERS ARE

BENEFITING FROM THE MEMBER BENEFITS

PROGRAMMEFollow our series of testimonials

from ADLSI members, in LAWNEWS over the next 3 weeks.

“Fuji Xerox and their service have been brilliant. When we decided to set up our new practice, we were working to tight time frames in terms of our move and our legal specialist account manager and the Fuji Xerox service team delivered superbly, and far exceeded our expectations. Our new device is perfect for our needs and we are very happy with what we now have set up with Fuji Xerox.”

MK Law.

Fuji Xerox is committed to providing innovative solutions that help New Zealand law firms increase their productivity.

Fuji Xerox targets a 15% – 20% savings for ADLSI members on current copier contract rates for new Fuji Xerox customers. (Some terms and conditions apply).

To find out more about the Fuji Xerox offer available through the ADLSI Member Benefits Programme, as well as a range of offers from our selected suppliers, please visit www.adls.org.nz

Member BenefitsProgramme

WILL INQUIRIES LAW NEWSThe no-hassle way to source missing wills for $80.50 (GST Included)

Email to: [email protected] Post to: Auckland District Law Society Inc., PO Box 58, Shortland Street, DX CP24001, Auckland 1140.

Fax to: 09 309 3726 For enquiries phone: 09 303 5270

+ Wills

Please refer to deeds clerk. Please check your records and advise ADLSI if you hold a will or testamentary disposition for any of the following persons. If you do not reply within three weeks it will be assumed that you do not hold or have never held such a document.

James Ivan COOPER, late of 2/867 New North Road, Mount Albert, Auckland, Clinical Receptionist, Aged 41 (Died 02’07’2015)

Jonathan FAUMUI, late of 165 Riversdale Road, Avondale, Auckland, Aged 34 (Died 19’06’2015)

Neamani KANONGATA’A, late of 38 Mariner Street, Mangere, Auckland, Aged 49 (Died 01’06’2015)

Alexander John McLEOD, late of 2 Rixon Place, Te Atatu Peninsula, Auckland, Aged 89 (Died 25’07’2015)

Lotomo’ua OFANOA, late of 13 Cobham Crescent, Kelston, Auckland, Aged 18 (Died 20’02’2015)

Roy Talavou Lesinia Tau POUSINI, late of 24 Parker Crescent, Otara, Auckland, Aged 58 (Died 21’04’2013)

Judith SAYERS, late of Kerikeri, previously of Te Puke and Auckland (Died 01’07’2015)


A new approach to managing risk in residential conveyancingMainprice King in association with the DUAL Group has developed a Residential Capped Conveyancing Insurance policy backed by Lloyd’s of London.For one low premium per policy, per conveyancing transaction (provided it’s purchased for all your New Zealand conveyancing transactions where you act for the purchaser), lawyers and their clients can now better manage their risks in residential conveyancing than ever before, as the capped policy covers most unknown risks at settlement.Each policy is available for only $50+GST for ADLSI members ($56+GST for non-members) for lawyers practising in New Zealand.For more information call Mainprice King on 09 336 1006 or visit www.adls.org.nz.Terms and conditions apply.

Residential Capped Conveyancing Insurance

Offices Available at Chancery Chambers

Two large offices have recently become available in the centrally located ADLSI Chancery Chambers. These

spacious offices are both suitable for 2 – 3 people. Meeting room, kitchen and photocopier facilities available.

Please contact Monique on [email protected] or 09 303 5277 for more details.

DATA RECOVERY0800 LOST FILES

(0800 5678 34)www.datarecovery.co.nzComputer Forensics NZ Ltd,

(on Albert St, Since 1999)

C O M P U T E RINVESTIGATIONS

find out more

Book your next meeting or event at Chancery ChambersLet Chancery Chambers look after your next meeting or event.

With four distinct meeting rooms suitable for planning sessions, board meetings and workshops, plus a stunning Rooftop Terrace available to book for drinks at the end of a session, or as a venue for cocktail parties, team drinks, Christmas parties and weddings,

we’ve got you covered.

Located in the heart of Auckland CBD’s legal district, in a heritage building, Chancery Chambers has a dedicated floor for meeting rooms, supported by an

experienced venue co-ordinator to ensure your event runs smoothly. Full catering services and equipment hire are also available.

Discounted rates are available for ADLSI members, upon enquiry.

For further information on room capacities, pricing and catering options, visit our website www.adls.org.nz or contact us to discuss your requirements on

(09) 303 5270 or email [email protected]. Bookings are subject to availability at time of enquiry.

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